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Andrea, Esq., Lawyer

Category: Real Estate Law

Satisfied Customers: 12041

Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.

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Andrea, Esq. is online now

on sept.28th 2012 HSBC filed for foreclosure on my property,

Customer Question

on sept.28th 2012 HSBC filed for foreclosure on my property, on oct. 1st 2012 they withdrew there foreclosure,and nothing has been done since, yesterday june 4th 2013 it came to light that, that I assume HSBC hired a company in bolder colorado to enter scriveners error on our propery description, no one ever cotacted me about this or showed me how these changes affect me, is this legal? plus my initial mortgage was with W.F. and is serviced by W.F. I have nothing that shows HSCB on it any where. my belief is the deed has been seperated from the note? how can I buy land with a legal description then they change it ?

it says the call in the fifth lineof the legal descriptionreferencedin paragraph 2 incorrectly reads "the northwest corner of said NW1/4SE1/4 of section 32" when it should read "the northeast corner of said NW1/4SW1/4 of said section 32"

B. The call in the seventh line of the legal description referenced in paragraph 2 incorrectly reads "apoint on the North line of said NW1/4SE1/4" when it should read "apoint on the North line of said NW1/4SW1/4"this warranty deed was given to arthur burrows in 1989 the person who owned this land prior to burrows had been here for close to one hundred years. my question is is this legal would they not have to show me on the ground the changes? could this not affect my neighbors? isnt this deceptive? can I deny this change? in this affidavit of scrivners error it lists me as Grantee? I did not grant anything after 7 years and possibly 100 hundred years would this not be much more than a clerical error? it has obviously been that way for 25 years? do i have any legal grounds here I would really like to have a negotiation chip to deal with these banks they found it important enough to have it changed, and they did it with out my knowledge and obviously they are trying to keep it a secreet from me. is there a time limit on how long any of this can be done? isthere a time limit on how long until I can challenge it?

Good morning. Do you happen to have your loan documents available? Many times those documents include a document giving the lender the right to make changes unilaterally to correct things that are clearly mistakes. These calls on your description could fit within this because if left as is, the description would not make sense. Could you look at your loan documents to determine if possibly you signed a document allowing for them to unilaterally make such a change?

i can only find a power of attorney given to the title company that has expired shortly after it was executed

Customer:replied 1 year ago.

Relist: Answer came too late.i ned to have the question answered ? what do you mean how can we help you further? all that was done was he asked for more info which i supplied, and you do not no when he will be able to answer so lets get some one else thx

Thanks for your input. I'm sorry I had a meeting to attend. I apologize for any inconvenience. We had originally started on this question last night and I had a previously scheduled meeting this morning and had no way of knowing at what point you would respond. I I'm going to opt out at this point so that hopefully another expert can assist you on a more timely basis. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Hi, and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service. My colleague is a very able and capable attorney who responds quickly to customers, unless something totally unexpected presents itself. He has asked me to assist you in his absence.

As your previous Expert stated, your loan documents might include a clause which permits a change in the description because of a scrivener's error. You certainly have a right to know how HSBC came into the picture so that you know with whom you are dealing and why.

Rather than be burdened with determining what has happened, you should immediately file a claim with the title insurance company who issued your title report because that is the main purpose for buying title insurance. The title insurance company insured, among other things, the description and your title to the description of the property. This obligates them to defend against any changes and to compensate you for any diminution in the value of your property. There is a definite time limit to filing a claim with the title company which insured your title and it is specified in the title policy they issued to you. Therefore, filing a timely claim is absolutely necessary to preserve your rights and have the title company step in, thereby saving you a lot of time, frustration and grief,

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thanks I am sure the other attorney is very competent but i just found this as i had stated. Should I just go to the title company and say hay you guys you screwed up or due this thru a real estate attorney? my preference would be to go to them and say hey you screwed up how are we going to settle this, and if I do not like your answer I will hire and attorney and come after you, W.F. and HSBC what is your recommendation on this? this warranty deed is 100 years old it has been thru W.F. and the same title co. 6 or eight times, so this is more than just a scriverners error in my opionion, to me that a catch all that is being used in this instance to make it easy for them yhx

If the same title insurance company has been involved in insuring this particular title, I can understand why it has gone on for so long. Where the same title company is involved, they do not do a complete search when a new owner is acquiring title; they only do what is called a "Bring down" which means running the title from the last conveyance up to the present time, so if a mistake was made in the description, or in any other aspect of the title (other than checking for judgments, mortgages, liens, etc.), than the property's description would not change until someone caught the mistake, had a survey done, or another title insurance company became involved and did more than just a "Bring down". So, this is probably what happened here.

You do not need to incur legal fees. These are exactly the defects for which a buyer purchases title insurance. File your claim on your own with your title insurance company. There are no two ways about it, they are obligated to take care of this for you. If, by some chance, they deny your claim, then you should retain a lawyer. This is the perfect example of bad faith on the part of the title insurance company. These cases are generally taken on a contingency fee so that you still would not have to incur any legal fees and the attorney would be paid from any settlement, verdict, or judgment. The attorney would negotiate with the title insurance company and simultaneously file a lawsuit against the title insurance company and would include a "Bad Faith" claim. Bad faith claims result in punitive damages and translated into monetary figures, amounts to three times the Plaintiff's ordinary damages. Therefore, if your ordinary damages were, for example, $25,000, then punitive damages would be three times that amount which would be added to ordinary damages, resulting in a total recovery of $100,000 ($25,000 x 3 = $75,000) $25,000 + $75,000 = $100,000,

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If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,

Please be kind enough to rate "Excellent Service" so that I receive credit

Thank you for the "Excellent Service" rating and the Bonus, I greatly appreciate it. If you have additional questions, or have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

"For Andrea only .......... "

Thank you again for allowing me the opportunity to be of service and please let me know your results with the title company,

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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